James Bedell McKean Quotes


Federal Authority against Polygamic Theocracy.


Context

Describes the contest between President Ulysses S. Grant and the Mormons over the issue of polygamy in the 1860s


Citations

James Bedell McKean, 1821-1879, Utah Supreme Court Justice, Quoted in Wagoner, Mormon Polygamy

Sourced by: Eigen's Political and Historical Quotations

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Federal officials and commissioners issued laws, directives and orders that were very unpopular with the Mormons who were in the overwhelming majority of the Utah territory. The Mormon “government” was a type of theocracy but a very popular one. The Mormons tried to test the constitutionality and legality of the Federal laws and orders before they would obey. The government position was that they should obey and then could test the laws in the courts. The Mormons eventually lost in the courts anyway, but the principle of obedience to law until it can be tested and reversed has generally been the rule of U. S. Law. However, civil disobedience in which many religions have engaged in our history argues the obverse. Eventually Taylor had to go “underground” and rule the church from exile in which state he died.


The major issue was whether Congress and the Federal Government could make laws and regulate the communities of people who had settled in the new territories. The argument that Young made was that unless a power was specifically enumerated in the Constitution as being granted to the Federal Government it was not. Most Constitutional scholars believe that there were powers implied by the enumerated powers such as the right for the Federal Government to regulate child labor or the safety of nuclear power plants which of course were never mentioned in the Constitution. At the same time anti Mormon sentiment led many to extend Federal Regulation to Mormons that had not been extended to other people/ Plural marriage was one of those major value issues. The Mormons were very innovative in setting up institutions like buying cooperatives and systems for medical care and welfare, and many of these threatened the then established economic principles of many men of power and wealth. See {614870} for John Taylor’s similar view.


What was particularly unusual about this quote was that Cronkite had always been so circumspect about his own political views and opinions and rarely expressed personal criticism of any group or movement. When he was the national anchor for CBS News, he was so non partisan that he became the “most trusted man in America.” By 2007 however, most of the radical religious right had organized a serious movement which unlike other self interest groups which wanted to expand their rights or benefits, much of the radical religious right strove to curtail the rights of other Americans who differed from them as to religious interpretation, concepts and role of government, sound family structure and relationships, gender equality, sex, and personal freedom.


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